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Colorado Family Law Questions & Answers
1 Answer | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: Can me and the witness wave the 14 days of a subpoena being served
John Hyland Barrett III
John Hyland Barrett III
answered on Apr 12, 2024

Yes, if the witness agrees.

0 Answers | Asked in Child Custody, Family Law and Child Support for Colorado on
Q: Non offending parent is being denied to take his child home

The mother of my child was found to be using during part of the time of her pregnancy. I was unaware of this use. She was honest with me about this in the hospital. I told her we needed to separate for the time being and I was going to get a lawyer to gain temp custody to assure the safety of our... View More

0 Answers | Asked in Child Custody, Family Law and Child Support for Colorado on
Q: Non offending parent is being denied to take his child home

The mother of my child was found to be using during part of the time of her pregnancy. I was unaware of this use. She was honest with me about this in the hospital. I told her we needed to separate for the time being and I was going to get a lawyer to gain temp custody to assure the safety of our... View More

0 Answers | Asked in Family Law for Colorado on
Q: if i run away to my moms from my dads and tell my dad i wanna live with my mom, can we get in trouble?

or what do i do to live with my mom

1 Answer | Asked in Family Law for Colorado on
Q: limited scope lawyers

I am the petitioner in the case; Can an attorney for the other party send me emails about matters even though she has withdrew from the case months before? Can she also draft paper work for the other party who is now pro se, without entering into the case again? When confronted about her no longer... View More

Sabra M. Janko
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answered on Apr 7, 2024

She might be representing the client in a limited scope capacity in which case she could communicate with you. If she is working in a limited scope capacity, she does not have to enter an appearance depending on whether she is representing in court or not. Though she should disclose to you if she... View More

0 Answers | Asked in Child Custody and Family Law for Colorado on
Q: What is the best outcome of receiving half custody of my daughter after recovering from addiction?

I can provide concrete evidence that attests to my completion of a comprehensive rehabilitation program, as well as my continued engagement in outpatient groups and therapy sessions. I have consistently undergone random urine analysis tests on a weekly basis for a period of around eight months. I... View More

2 Answers | Asked in Divorce, Family Law and Tax Law for Colorado on
Q: my ex-wife claimed all the children as dependents on her tax return.

she is also in contempt of virtually every part of our separation agreement. she has not paid child support, not given me back my belongings, does not follow the parenting schedule, and does not provide the insurance for the children she claimed she would

Christopher N. Little
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Christopher N. Little
answered on Apr 2, 2024

Good Morning,

I am very sorry to hear of your circumstances and know that it can be an incredibly difficult and frustrating experience when an ex-spouse does not follow Court Orders. It sounds like you have several issues going on, including: tax, parenting time, insurance, etc....
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2 Answers | Asked in Divorce and Family Law for Colorado on
Q: Is it beneficial to separate assets prior to dissolution of marriage? We have agreed to who gets what - house & car

Ex spouse and I are looking to file for a dissolution of marriage in Colorado. We separated in September and already separated our bank accounts and all property other than the house we lived in and the car we shared (both currently in both our names). Are the proceedings quicker if we transfer the... View More

Christopher N. Little
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Christopher N. Little
answered on Apr 1, 2024

Good Afternoon,

You ask an excellent question. First, let me say that I am very sorry to hear that you are going through tough times. In most folks' lives, the divorce process is fraught with fear and uncertainty. Let me reassure you, this too shall pass and there is an "other...
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0 Answers | Asked in Child Custody and Family Law for Colorado on
Q: Father is not the parent child services opened the case against. Can he take our baby home without question ....

The hospital I gave birth at found a substance in my babys umbilical cord. They have not shown me any proof such as the results from his cord talk. They made a report to child services and now child services has opened a case against me. Because the father is not involved in my mistakes or wrong... View More

0 Answers | Asked in Family Law for Colorado on
Q: A case worker from child services asked for a list of potential family members for a family plan ...

If my sister has had a child services case in the past, about 8 years ago, will they be able to deny her as a possible mentor or guardian even if it was so long ago and she has another kid she has proven to be capable of taking care of for the past 6 years?

Would child services accept a... View More

0 Answers | Asked in Family Law and Child Custody for Colorado on
Q: If Child services is evaluating me (the mom) Can they keep the father from taking home our baby if he is sober, working

The hospital has told me they found a substance in my newborns umbilical cord. However they never showed me the results. Because of there findings they have decided to file a report with child services and now child services has opened a case against me. If the case is against me and the father has... View More

2 Answers | Asked in Divorce and Family Law for Colorado on
Q: My wife wants a divorce and "agrees" to split everything 50/50. Are we legally obligated to have a lawyer?
Christopher N. Little
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Christopher N. Little
answered on Mar 2, 2024

Good question, under Colorado Domestic Relations law, there is no default/affirmative legal obligation to have an attorney represent you in the matter. By the default rules, you are legally permitted to represent yourself. Knowing that the law is complex and self-representation can be a risky... View More

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1 Answer | Asked in Divorce, Family Law, Immigration Law and Child Support for Colorado on
Q: Can I still get my children's dad which is still my husband for alimony and for child support

After 8 years they were taken out of my custody and given to my stepmom but during the time I did get tanf for them they were in my custody and I still have not divorced but he has had another family and another child and still married to me

James L. Arrasmith
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answered on Feb 26, 2024

In your situation, seeking alimony and child support remains a possibility, despite the complexities of your circumstances. The fact that you are still legally married to the children's father and that he has started another family while still married to you does not nullify your rights to... View More

1 Answer | Asked in Family Law, Immigration Law, Estate Planning and Probate for Colorado on
Q: I would like to know if I have the right of anything in my father's belongings

I am a US citizen my mother was a US citizen she gave my father his papers they are divorced my mother's deceased my father has another marriage with his wife and three other children his wife is from Mexico I believe she might be a resident I don't know my sisters are from here do I have... View More

James L. Arrasmith
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answered on Feb 26, 2024

In matters of inheritance and rights to a deceased parent's belongings, your citizenship status and the circumstances of your parents' marriage and divorce generally do not directly affect your entitlements. If your father passes away without a will (intestate), the laws of the state... View More

2 Answers | Asked in Divorce and Family Law for Colorado on
Q: I AM IN THE MIDDLE OF A DIVORCE. I HAVE CHILDREN FROM A PREVIOUS MARRIAGE AND THE WOMAN I AM ABOUT TO DIVORCE IS

CONTACTING MY CHILDREN WHO SHE HAS NEVER MET OR SPOKEN TO BEFORE. HOW CAN I STOP THIS. SHE HAS NO RIGHT TO BE CONTACTING MY CHILDREN

Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 19, 2024

If they are adult children then there is nothing to be done. They can block the number if they choose. But if it rises to harassment and defamation then it could give rise to other legal claims.

If they are minor children, and you have 100% custody and control then that is a different...
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1 Answer | Asked in Family Law for Colorado on
Q: I put the wrong city of previous divorce on marriage license. Not the state. Does that make my marriage invalid?

I did not get the state wrong...Only the city of previous divorce.

James L. Arrasmith
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answered on Feb 23, 2024

A minor error such as putting the wrong city of a previous divorce on your marriage license is unlikely to invalidate your marriage. Marriage licenses typically require accurate information about your marital history, but small mistakes or discrepancies may not have significant legal consequences.... View More

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: My ex took me to court and claimed I had a drug problem, proved her wrong through UA's. She was made sole decision maker

And has our daughters 80 percent of the time. Their mother got a boyfriend who has a known drug problem and sold drugs. He has been to rehab three times and is around my children 80 percent of the time. How do I go about taking her back to court to prove that the girls aren't in a safe... View More

Steven  Visser
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Steven Visser
answered on Feb 5, 2024

It sounds like you are looking to restrict Mother's parenting time due to the situation with her boyfriend. If so, then you would need to file a motion describing what is occurring. In other words, your motion would have to contain facts and information that the children are in imminent... View More

1 Answer | Asked in Divorce and Family Law for Colorado on
Q: Is about divorce and how it works in the state of Colorado if you have properties, 401k, and a small business.

I would like to know what happens since everthing we both own including rental properties are tied up in the small business and what would happen in a divorce.

Donald McClellan
Donald McClellan
answered on Jan 24, 2024

All marital property must be equitably divided in a divorce (not equally, equitably). Marital property is anything obtained on or after the date of marriage, and the increase in value of property since the date of marriage. It does not matter whose name is on title. So if you owned a house before... View More

2 Answers | Asked in Family Law and Tax Law for Colorado on
Q: do Family Court Orders supercede Federal IRS laws on who can claim a child each year?
T. Augustus Claus
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answered on Jan 18, 2024

Family court orders and federal IRS laws operate independently, and the IRS rules on who can claim a child for tax purposes are not automatically overridden by family court orders. In general, the IRS rules dictate that the custodial parent is typically entitled to claim the child as a dependent... View More

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